Research, Exploitation and Patenting in the Area of Human Embryonic Stem Cells in Europe – A Case of Concern Causing Inconsistency

Abstract

Research on human embryonic stem cells, their exploitation and patenting is a highly controversial issue. This contribution provides for some basic understanding of technologies involved. It discusses ethical issues and legal rules dealing with the research and exploitation of stem cells in Europe. Moreover, it presents and analyses in some detail the statutory provisions of the EU in dealing with the patenting of human embryonic stem cells and the interpretation and application of those rules by the Court of Justice of the European Union. Finally, the resulting inconsistencies of the system as applied are critically analysed and a suggestion how to resolve them offered.